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    Government

    First Branch Forecast Podcast

    Interviews with people with insights into how Congress really operates

    firstbranchforecast.substack.com

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    Copyright: © Daniel Schuman

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    Latest Episodes:
    Interview: Matthew Green Oct 22, 2026
    Show notes

    Daniel and I chatted with Catholic University’s Matthew Green, who’s written on party leadership selection among a host of other congressional topics, on what will happen between the election and the start of the 120th Congress. This transcript is AI-generated and has been lightly edited by me. - CNChris Nehls: Hi, this is Chris Nehls of the American Governance Institute here with Daniel Schuman and our guest, Matt Green, a professor at Catholic University of America. We’re going to talk about some of the stuff that’ll be coming up between the election and the next Congress. It’s actually a pretty busy time for members, particularly if the majority flips to figure out who are going to be their leaders in the next Congress and get that all arranged. And Professor Green is one of the experts on that topic. So we’re going to talk about that and some other stuff about the organization in the next Congress. So thanks for coming on.Matt Green: Thanks for having me.Nehls: Sure thing. So let’s just kind of start high level when we have an election and we have an outcome for the midterms, the parties are going to get together ahead of time because they have a lot to do to organize the next Congress, and the first thing on their agenda is usually to pick their next leadership class. Let’s just talk about how that works. And just the mechanics.Green: Sure. There’s this period between the November elections and January when the next Congress officially meets. During that period, the parties – both parties in both the House and Senate have some big decisions to make. So one of them, as you said, is choosing their leaders. We’ll talk more about that in a minute. They do also have the opportunity to revise their own internal rules.So each party has its own internal rules. And that can govern things like how committee assignments are decided within the party. It can determine disciplinary action if a party member is not doing what they’re supposed to do, and so forth, that doesn’t get a whole lot of attention, but that can be pretty significant.So there’s the writing, the rules, possibly rewriting or revising the party’s rules and then choosing leaders. So each party in each chamber has a set of leaders. So in the Senate, for example, each party has a floor leader. Majority is a majority leader, minority has a minority leader. They also have their whips in the House. Similar situation with one important difference I’ll talk about in a second.And so the parties first meet internally to decide who that leader is going to be. That selection is usually pro forma because most leaders are incumbents and no one challenges them or whoever’s running, just no one else wants the job for whatever reason. And so it’s by acclamation. But occasionally these races can be contested within the party. And so there’s a lot of politicking that goes on.And then you have this vote, and we can talk more about the mechanics of the vote, if you like. And the big difference here is the House versus the Senate, because in the Senate, each party picks their leader and the majority party has a majority leader, and then you win by majority, vote in both parties in each chamber and then the Senate. That’s the majority leader. So Chuck Schumer, who’s the Senate majority leader, was chosen by Democrats. And then that’s the last vote.But in the House, you also have this speaker of the House position, which is subject to a vote by the full House on the House floor. So when each party is choosing their top leader, they’re also choosing their nominee for speaker. And then that nominee is formally nominated on the House floor on the first day that the House meets. And then you have an election again, this usually up until about ten years ago, where everyone votes with their party and whoever has more seats, that’s going to be the speaker. But as we saw with Kevin McCarthy, we learned that’s not always the case. And it can get quite complicated. But that is the one big difference in terms of leadership selection, I’d say that really stands out is that the House chooses its speaker. So you have this vote on the full House for the top leader, whereas the Senate, you don’t have that election take place.Nehls: Great, great. Daniel. Go ahead.Daniel Schuman: I was going to say that sometimes, as we saw, it’s a point of leverage, but we also saw it’s not just about picking who gets to be speaker, right? It’s also about what the speaker can do. And sometimes whether they can continue on. We saw with Speaker Pelosi when she was getting ready to run for her 97th term as speaker. Sorry, her, I think her third term as speaker. The sorry humor doesn’t always translate well.Nehls: They’re laughing at home. Don’t worry.Schuman: Yeah. I hope so. The conservative Democrats tried to put in place term limits for her saying that if you wanted to return, I think you need a three quarters vote. Can you talk about the pressure that may or may not be exerted around trying to either control who gets to serve in that role or to influence the direction of the caucus or the conference during the upcoming two years as they’re figuring out who gets to ascend or to retain these lofty positions.Green: Certainly. Until recent years, this election for speaker, in particular in the House again, was pretty much pro forma. You had, particularly the Democrats, who had a leadership ladder. So if there was a vacancy, whoever’s next up like the majority leader would become the nominee for speaker, the whip would become majority leader, etc.. So there weren’t a lot of attempts to kind of use this vote as leverage occasionally behind the scenes. There’d be some talk about, well, tip O’Neill, who was speaker in the 1970s and 80s some conservative Democrats would say, we’re not so sure about you, but it was pretty much squelched because the norm was you vote for your nominee on the floor, and there wasn’t really an alternative candidate that wasn’t really the opportunity to try to exert influence these elections.Now, that started to change after the 1994 election, especially Newt Gingrich. Republicans got the majority and Republicans, after the 1996 election who were unhappy with Gingrich, threatened to oust him altogether in what’s called a what’s colloquially known as a motion to vacate, but is really a privileged, privileged resolution to vacate. That kind of opened a door for these elections, for speaker to no longer be considered automatic and that you have to vote with your party. And when that door was opened, it was an opportunity for factions within each party or just disgruntled individual members to say, well, I’m not necessarily going to vote for our party’s nominee for speaker on the floor unless I get what I want.So as you mentioned with Pelosi, after the 2018 midterm elections, she was the minority leader. She’d been speaker before. It seemed like that’s going to be the next speaker. But she had a lot of Democrats who had either wanted some leverage or they had promised on the campaign trail not to vote for Pelosi. Because if one thing is true about congressional politics, it’s as soon as you become a leader, you become unpopular. And so there was a series of meetings with Pelosi. Now, what she did do, and yes, some of them were saying, we want term limits, we want changes to the rules, etc. so she basically built a paper that I wrote with Doug Harris at Loyola Maryland, how Pelosi did this. So she met with these individual factions and basically cobbled together a majority that would vote for her on the floor for speaker. And some of it was sort of individual side deals. Okay, I’ll put you on the subcommittee or I’ll give you this special trip or something like that. Nothing really huge about changing the rules. There was talk about getting her out, like suggesting that she just this would be her last term. She would not commit to that, but she sort of implied that she, her, she wouldn’t be there forever. She found a way to kind of commit without committing.Schuman: Can I press you on that? There have been news reports that they had agreed to change the caucus rules, I think, to increase the threshold to return. But that, at least as far as I can tell, didn’t happen.Green: Threshold to return, meaning.Schuman: That the threshold to return as the party leader and thus as the speaker was going to move from 50% to, I think, three quarters, and that there was some sort of a deal to do that. And that didn’t happen, at least that the rules ultimately weren’t changed to do that. But of course, the reporting, it’s nebulous. Was that a thing?Green: I don’t recall it being a thing. It might have been. I don’t recall that. I certainly don’t remember seeing anything in writing that there was that commitment at all. That might have been an informal commitment that she had made, or a kind of discussion sort of thing. And I wasn’t terribly surprised because that’s a big ask for someone to say, yeah, I want I want you to change the rules of the party or the rules of the House in exchange for my vote, particularly Pelosi, who really kind of had many advantages going into these negotiations, not least of which Democrats really wanted to organize so they could fight Trump and not have a battle over who the next speaker was going to be. But she did make these other side deals and promises. And in fact, what we found in our analysis was those generally weren’t the folks who voted against her for, for speaker, in the end were those who either were just very, very ideologically distant from her. And so they can make a plausible case. Look, I’m going to lose reelection if I’m, you know, my constituents hate you. I can’t vote for you. And the ones who had no business voting against her, but did anyway, those were the ones who got punished.Punishment is can take many forms. So if you would like to be on a special committee, perhaps your request is denied. So you’re not kicked off a committee necessarily. It’s not this sort of negative punishment, but it’s just failure to get a reward, which we found fascinating because it showed that she was really gauging. Do you have a legitimate reason to vote against me? Political reason. If it’s personal, then we’ll make it personal. So in any event, these races can get personal, obviously. But in any event, once she did that, right. So she did that. But that was mostly off the floor. Those are individual conversations and discussions.Republicans took a different approach, which was to do this on the floor of the House. So when Kevin McCarthy is running as nominee in the party, first you have the party vote. And Andy Biggs, a member of the House Freedom Caucus, ran against him in the party, got, I think, 31 votes, but McCarthy got the most votes. So again, the norm is everybody gets in line and votes for the winner in the party on the floor. That didn’t happen. You had these dissenters who said, no, I don’t like McCarthy, I’m not going to vote for him.Now, there’s a great book that came out recently by a guy named John Leganski, who worked for McCarthy. He talks about what was going on behind the scenes. Cannot recommend this book enough. It’s fascinating as they’re trying to figure out what these dissenters want and what they can do to win their votes. But the point is, this was now on the floor of the House. So everyone’s watching on C-Span, seeing that McCarthy can’t get enough votes to become speaker of the House. And this happens over and over and over again.Now, there were some deals made, probably, as it turned out, the most significant. But we can talk in detail about the decisions, the rules, the deals that were made. But to your point, Daniel, deals were made to change the rules in exchange to get votes for Kevin McCarthy, which would have some pretty profound consequences for how the House operated. So yeah, that can happen and has been happening where you have at least two cases where it’s happened. Someone running for speaker can’t get their party in line, and they’ve got to make deals to win their votes.Schuman: And there was at least with McCarthy, right? I think it was McCarthy. There were rumors of some other document that existed. That was the deal between the Andy Biggs types and around like the way there were reports of a four, I think, four page thing that no one ever found. No one ever saw that governed how things would operate or what would come up. But of course, no one. I have not run into anyone who’s actually seen it. There were just news reports of this mysterious document.And I should ask, this is also you’re talking about members, particularly with the Democratic Party waiting in line. But Speaker Pelosi was an outlier there as well, right when she was breaking into leadership. She ran against Steny Hoyer in 2001. She ran against him and was able to knock him off to sort of jump in line. Is that right?Green: Yeah, I would say jump in line isn’t necessarily the right way to put it, because both of them were fairly either not in the leadership structure or pretty low down. So it wasn’t like one of them was the heir apparent. But yeah, we go back to 2001. So this is so after the 1994 elections, Democrats are in the minority. Dick Gephardt becomes the minority leader. He’s their leader for a number of years. He finally decides to retire his eye on running for the white House, if I recall. And so then you have this race for minority whip not Minority Leader. But the idea here is that whoever actually was Gephardt. Now, I’m going to backtrack. Was Gephardt still the leader at the time?Schuman: I think Gephardt was leader. I’ve been listening to this WQED series on the speaker that’s coming out, and they’re doing interviews, and it looked like the way Pelosi tells it, that they had all the people in line. They knew exactly what you described. They knew who was going to be the Democrat, all the spots down to like assistant dogcatcher, and everyone just sort of takes one step forward. And Pelosi’s like, well, they’re all white men. And I wasn’t going to wait. So I decided to go and challenge it and sort of insert herself into the process. And then Hoyer is interviewed also, and he’s sort of saying, you know, I had expected or there were expectations that I would be moving to this spot. But of course, at least that’s what it seemed like.Green: Yeah. So I remember now. So it wasn’t that Gephardt’s leaving triggered this. It was David Bonior’s departure. So he was the whip and he decided he was going to leave the House. And so there was a vacancy for Whip. So that vacancy is the one that both Hoyer and Pelosi were running for. Hoyer had been in leadership before. He had been the caucus chair in the past, but he wasn’t in leadership at the time, so he wasn’t on a leadership ladder, and Pelosi wasn’t either. So it was very much an open race.So when you have that kind of competition, things can get a little bit more interesting because when you have someone who’s on the leadership ladder, they often have kind of a built-in constituency and often expectation they’re supposed to be in this position. Now, each of them, like Hoyer, might have felt I was entitled, but he wasn’t next in line. That was actually Martin Frost of Texas, who was the caucus chair, was arguably next in line.But in any event, that race people saw who would win, it would likely take over for Gephardt because people thought he was going to leave at some point and run for the white House. So that gave additional weight to this, to this position. Of course, it’s also important in and of itself, because the whip has got to build majorities or at least keep the party unified. And if you’re in the minority and you can keep the party unified, you put pressure on the majority party. So it’s a very important job. Both had a lot of skills associated with leadership and being whipped. But as Doug Harris and I have written about this race, Pelosi did a number of things that gave her a leg u…

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    First Branch Forecast Podcast - Caucus Rules Oct 15, 2026
    Show notes

    For this episode, Daniel and I discussed the little-known but important set of rules that govern how Democrats and Republicans how to operate as caucuses within the House of Representatives. These rules determine how members are selected to committees, how leadership has to treat legislation, various punishments for misconduct and falling out of line, and a host of other things the parties need to decide on to work as a single unit. The Democrats keep theirs secret.The caucuses typically revisit caucus rules at the start of every Congress. With the House majority potentially flipping in November, adopting caucus rules will be important for how the Democratic caucus decides how to share power and what potential the rank and file will have to impact the chamber. Members arriving in Washington after the election, we explain, should be thinking not only about the rules that govern the House, but govern themselves as party members. Chris Nehls: Hi, this is Chris Nehls with the American Governance Institute. Welcome to another episode of the First Branch Podcast. This time around, we decided to keep it local. I was thinking of a conversation to have with someone about caucus rules, and it turned out that the person that probably knows the most about them is Daniel Schuman, who is nearby and easy to contact. So here we are. We’re going to have a conversation about What the caucus rules are, how they relate to the chamber rules in the house and why you should care about them. So thank you, Daniel, for taking the time.Daniel Schuman: Thank you for having me on my show. Nehls: It’s the nightmare scenario. Two of us talking to each other.At least it’s two of us because it could be even worse, right? That’s just be one.Schuman: That’s true. It could be just be one. There’s a word for that. It’s called radio. Nehls: Yeah, monologues are probably not the thing that we need to be promoting. But yeah. So each Congress, the parties get together and write their own rules in the House. And they’re usually held close. And by hook or crook, you’ve been able to get a copy usually of what took you some time. But why don’t you talk about what these things are and why the caucuses go through this process.Schuman: Thank you for the question. As regular listeners of this podcast know, there are lots of different rules that relate to the legislative branch. Of course, there’s rules that come from the Constitution, the House of Representatives every two years, usually, but not always on the first day of the new Congress will adopt rules that governs its operations.But in the 20th century, the congressional parties took on some new and different roles, and some of the authority or some of the mechanisms for governing the operations of members in the chamber happened in the caucus rules and not in the chamber rules. And this often flies below the radar, but it really controls a lot of how things work.Nehls: And just to clarify, the caucuses, it’s basically everybody that’s of a party in the House. It’s not the specific caucuses, we’re talking about the entire body of Democrats or Republicans.Schuman: Yeah, so of course, everything is lingo and Democrats and Republicans can’t even agree on what to call their thing. So the Democrats have a Democratic caucus... C-A-U-C-U-S, if you’re hearing me otherwise, that’s not what I’m saying. For Republicans, they have a conference. And basically, this means that the people that are affiliated with those parties that the party recognizes as being members of that party. You don’t have to be a member of the Democratic caucus or the Republican conference, but since one of the things that these rules govern as it relates to the operations of the chamber is who gets to sit on committees, in the modern era, if you’re not a member of the caucus or the conference, then you don’t get a committee assignment, which is no bueno if you’re actually trying to do stuff. So even if you’re an independent, you probably have to say I’m affiliating with someone.So the Constitution says that you need to have a clerk of the House. The chamber rules talk about the election methods. But then if the Democrats have a majority, they actually have a process by which they pick the people who would serve in those roles. They decided among themselves.And then they turn around and they’re like, all right, hey, everybody, we’re going to vote. It’s called the fait accompli. Who’s ready? And that’s how it works for a lot of things. So when you wonder, like, how do Republicans pick Who’s going to serve on what committee or be the committee chair? Their party rules govern that.So, they have term limits for committee chairs, which Democrats don’t have. That is not a function of the chamber rules, although it could be. It is a function of their party rules.Nehls: So, let’s dig in a little bit. You mentioned committees. First off, let’s just start with who gets to determine what these caucus rules are? Does the caucus all get together and have a big Caucus conference and throw out a whole bunch of ideas and then they write them up or how do they? I’m pretty sure that’s not how that happens. How do they do that? Schuman: That is not how that happens. Maybe at times. So, the party became more relevant, certainly on the Democratic side, when there was a significant effort to overthrow the Democratic committee chairs. Back in the days of old, if once you were on a committee, you got to stay on the committee by virtue of a seniority, not by virtue of being appointed. Not by virtue of election process where you could not be appointed, right? That basically always happened. And you ended up with a whole bunch of very conservative Democrats running both the policy committees and also the rules committee, having significant control there. And that was against the interest of the majority of the party.Nehls: And we’re talking about the 50s and 60s.Schuman: Yeah, that’s right. So they got together, they formed a working group called the Democratic Study Group. And they got together and they tried to revise these systems. In 1961, they expanded expanded the Rules Committee. And in later on, like early 1970s, they moved the locus of power away from the committee chairs that were very powerful — so powerful that they would make you come in for a vote and you wouldn’t know what you were voting on, right? They were just extraordinarily powerful to move that power to the party — So they create a mechanism by which people will get reappointed as their party’s leader on the committee or members of the committee, but also mechanisms by which you could not return necessarily in that role. And while they give a lot of deference to seniority, they don’t always defer to seniority. And just if you’re a Democratic member of a committee and they really don’t like you or a Republican member of a committee, they will kick you off. They will find ways to punish you and the party will vote to punish you. And then they bring it to the fore and the floor vote reifies that. One weird thing is the detente between the parties, right? The Democrats will generally defer to the Republican choices for who’s on a committee and vice versa. So, if the Republicans decide to punish someone, the Democrats will be like, cool, and let it happen and vice versa. So there’s a lot of power that is asserted through this mechanism. The writing of the rules, which was your question — See, I remembered it. So in theory, the party members can propose changes in the rules at any time. They have regular caucus meetings. They don’t usually have a quorum at those meetings. Those meetings are also not public, by the way, just for fun. So you can propose rules changes. The Democrats have a committee on caucus rules. I think the Republicans have something similar that is usually chaired by a person who is the right arm of the Speaker, whose job it is to protect the Speaker’s prerogatives, not necessarily to reflect the interests of the members. So, you go and you talk to the chair of the committee on caucus rules or procedures or whatever it’s called, and you will try to persuade them of things. Good luck with that. This is basically a mechanism of both leadership control, but also where the factions will fight things out a little bit within the structure of something that is set up by leadership. The reality is these rules don’t change very often. The last big change that I remember to the Democratic Party rules was like, changing the pronouns. There are other changes that can happen over time, but they’re really not that visible. Until just a handful of years ago, they weren’t even publicly available. You couldn’t see what the party rules were for the Democrats, although Republicans were much better, they had published their conference rules for a number of years. It is possible to change them. Members have worked to change them. Members have used these mechanisms to change the way the party works because it changes the way the chamber works. But people don’t usually organize around this as a mechanism to do things.Nehls: But originally,the Speaker, at least in the late 60s and 70s, the idea was that the caucus would get to what the majority wanted to do based the powers that they had collectively given to the Speaker to get stuff done. And over time, the caucus rules have remained fairly static as the power of the Speaker has increased and as the Speaker has taken on more and more of the actual House rules, right?Schuman: Yeah. So that’s right. They have changed to some extent at different points. Leadership is very good about finding little points of leverage. You just change your word, you change the phrase, you move a comma and it significantly changes how power works. And some of these things you need in the rules themselves written down in black and white, but if you’re having a vote and the Speaker’s on the other side of that vote, things are not going to go well for you as a general rule, unless there’s a lot of people with you. One of the most powerful mechanisms inside this is the steering and policy committee for the Democrats. The Republicans have broken their steering and policy committees separately. Steering, it makes you think of cattle, I think, makes me think of cattle or maybe a car, but it’s about who gets to be on the committees and who gets to be the chair. And that entity, the steering and policy committee is created by the caucus rules, but they operate differently. We don’t actually know what their rules are because while they in theory have adopted them, I have never run into anyone who has ever seen them.So it is the secret committee that runs the democratic party to a fair extent, to the extent that they run anything. I don’t know if they meet, maybe they meet, do they have an independent existence outside what the Speaker wants? It’s an open question. I will see if I can find it because I’ve got the document out in front of me. The people who serve on the steering and policy committee for the Democrats are by and large the speaker and majority leaders people. This is not the different factions being represented. There is some efforts to include regional representation. They elect a handful of representatives from each region, but the Speaker gets to pick a bunch of people. The Majority Leader gets to pick a bunch of people. I think the Whip gets to pick a bunch of people. I’d have to go back and look. And I think the speaker gets three votes just to make things even more fun.Nehls: Oh, wow.Schuman: I think that’s right. As a functional matter, this body makes recommendations to the caucus about who to name. And at times the Speaker’s preference can lose, but it’s just not that common. Oh, here we go. I’ve got the list. So you’re ready for this? Sorry, this is going to be the most boring minute of podcasting, but let’s see if I can do it. The Democratic Steering and Policy Committee shall consist of the Speaker, the Democratic Leader, the Democratic Whip, the Assistant Speaker, by the way, who’s chosen by the Speaker, the Caucus Chair, the Caucus Vice Chair, the Chair of the DCCC. The DPCC chair, the DPCC co-chairs, the CLR, the FLR, the BLR, this is literally, it’s written, I’m reading it to you, right? The chair of the committee on caucus rules, the three co-chairs of steering and policy.So the Democratic steering and policy committee shall include the three co-chairs of steering and policy. This is recursive. The parliamentarian of the steering and policy, the senior chief deputy whip, all the chief deputy whips, How many chief deputy whips are there? There’s a lot. A member of the freshman class, a single member of the freshman class, by the way, 12 members who shall be elected from the 12 equal regions to set forth in Rule 11, then up to 15 members who shall be appointed by whom? The Speaker. You also get the Chair of the Appropriations Committee, the Chair of the Committee on Budget, the Chair of the Committee on Rules, the Chair of the Committee on Energy and Commerce, the Chair of the Committee on Financial Services, and the Chair of the Committee on Ways and Means. Ways and Means, by the way, was the formal process mechanism by which people were appointed to committees back in the days of old.And when do you get kicked off steering and policy? When a successor is elected or appointed. That’s great. But you’re not allowed to serve more than two terms. And who gets to chair the steering and policy committee? Come on. One word. You know what it is, Chris. Who gets to be the chair?Nehls: Is it the Speaker? Schuman: Yes. Yes, it is. In fact, the Speaker. So Mel Brooks had it wrong: It may be good to be the king, but it’s really good to be the Speaker. And what do you get to do? The functions of the committee is to report its nominations for House committee memberships, to report its nominations for House committee chairs. They could also recommend vacating committee chairs and removing members from committee. By majority vote, they can declare that a chair or subcommittee chair position is vacant. And that’s not a description of a member’s qualities, right? Nehls: So you’re saying that they can just decapitate the leadership of a committee if they get mad enough? Schuman: They can recommend to the caucus by majority vote, and then the caucus will vote. Then, should such a recommendation be made, the caucus shall meet to consider such a recommendation. I like to think that whoever wrote this was doing it tongue-in-cheek. Within five to ten legislators after the committee reports these recommendations, they can debate for up to 60 minutes, equally divided between proponents and opponents, and then they vote. They also play a role in policy development to create policy priorities. And if a majority of the caucus votes for a policy priority, then the members are bound, whatever that means. I assume not literally, but the members are bound to follow that policy directive. So we’ve got the regional whips, right? There is a voting mechanism for that. That’s like the only part of this thing that is actually democratic, right? Each of the people in a different region — there’s 12 regions of the country — the members get together and they vote for the person that they want. And if you serve them for 12 years, then you have to get booted. There’s also regional whips, right? The whips are the people who work for the whip to get members to vote the way that who wants? Right. And they’re elected by secret ballot. Isn’t that nice? What you have is a a nucleus, perhaps. Or a cadre of in this very Soviet process of how decisions, how people are appointed, how people can in theory be removed. Some control over decision-making where the democratic leader, the Speaker in the majority is the one who’s in charge. And also just in case you were concerned, the caucus chair is also responsible for codifying and revising the caucus rules and for recommending modifications when ad…

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    Interview: Cerin Lindgrensavage and Christie Wentworth Aug 20, 2026
    Show notes

    For this episode, I spoke with two experts in appropriations law who have worked in and out of government — Cerin Lindgrensavage of Protect Democracy and Christie Wentworth of Citizens for Responsibility and Ethics in Washington — about White House attempts to appropriate funds as it sees fit, not as Congress has directed, and the legal and political means available for Congress and civil society to push back. Lindgrensavage is counsel at Protect Democracy and previously worked at the Department of Justice’s Antitrust Division and for Senator Barbara Boxer. She also clerked at the U.S. Court of Appeals for the District of Columbia.Wentworth is a senior policy counsel at CREW and previously served as an attorney at the Government Accountability Office and as counsel for the House Budget Committee. Chris Nehls: Hi, this is Chris Nehls with the American Governance Institute. I’m here with Cerin Lindgrensavage and of Protect Democracy and Christie Wentworth of Citizens for Responsibility and Ethics in Washington. We’ll do our best to put all of that on the title card of this podcast. We’re here to talk today about appropriations and appropriations law and how when Congress approves appropriations, how does the federal government spend it? And what’s been going on in this administration that’s made it kind of unusual. So, thanks for joining me today.Christie Wentworth: Thanks for having us.Cerin Lindgrensavage: Yeah, happy to be here.Nehls: We have 12 appropriations bills a year, theoretically, that Congress approves. Sometimes, it doesn’t get there and does a continuing resolution, but there’s still the money it gets out to the federal agencies to spend. Well, how does that work after these bills move from the president’s desk to the agencies.Wentworth: A great question to start with. I’m going to take us back a second and just emphasize at the top here, because Cerin and I are both very power of the purse friendly individuals in that Congress does have the power of the purse, which is why they are the ones that are in charge of actually figuring out how much money the federal government has to spend. So that’s based in the Constitution. And as you mentioned, Chris, that usually results in 12 different bills appropriating funds for the federal government, including all three branches.After those funds are appropriated, they go through a process called apportionment at OMB. This is a responsibility that Congress gave to the president back in the day because agencies were blowing through their appropriations. They would enter into contracts, they would promise to spend money, and then they’d say, well, Congress, you know, we already said we’re going to spend this stuff. I know that you only gave us $10 and we spent $100, but we’re obligated now, and you have to give us this money. Congress said to the president, do a better job managing these funds and gave the president the responsibility to say, okay, agencies, you’re going to get 25% of your funding in quarter one for salaries and expenses, and then you’ll get another 25% in quarter two and so on and so forth. So, OMB now has that responsibility pursuant to a delegation from the president and they can apportion funds by time. They can apportion funds by program and they can do it through a combination of those two things. The purpose of that is still to make sure that the agencies aren’t spending funds too quickly so that they have to go back to Congress and ask for a deficiency appropriation. So that is the general framework for apportionments.I will say when I worked at GAO, we spent two and a half days teaching appropriations law principles to folks at agencies, so doing this in 2 to 3 minutes is a challenge. But that’s the apportionment process.I’m going to briefly share some of the components that we see in appropriations acts that agencies have to look for when they’re actually spending the funds. And then, Cerin, I’ll kick it to you to talk a little bit about the Impoundment Control Act and how Congress can act to actually claw back some of that money if it agrees with the president that it should. In the appropriations acts, the three things that agencies are looking for are the purpose, time, and amount of the appropriation: So, what they can spend this on, how much they can spend and how long they have to spend it. And there have always been disagreements between Congress and the executive about what exactly falls into each of these buckets, especially with respect to purpose. But those are the three general things that you’re looking for and that the agencies have to comply with when they’re spending these funds. So Cerin, do you want to talk about the Impoundment Control Act?Lindgrensavage: Sure. One thing of interest to know about the apportionment process is that it has at some various points in history been abused. And that’s important because it’s the mechanism that OMB and past presidents have used essentially to rob Congress of its power of the purse to steal some of that power for the president, the White House, in this case, the Office of Management and Budget. If you went back and looked at the hearings in 1972 and three over the Nixon era impoundments, what you will find is actually page after page of accounts where they’ve used the apportionment process in some cases to actually affect delay to what they did at the time, called creating a reserve. And there was a provision in law that was a little bit squishy, a little bit of a choose your own adventure for the president and his budget officers to try and say, oh, well, we’re just creating a reserve for this sort of broad purpose.Nehls: So, what was Nixon actually trying to trying to do there?Lindgrensavage: What he was trying to do was actually say, hey, I don’t want to spend these funds. Congress passed the money, but I don’t want to. And he was trying to just essentially assert his power not to spend the funds.As you can imagine, Congress reacted poorly to this assertion of the executive authority. And the law that they passed was both a remaking of the budget process that really put foundationally in place the fiscal years and steps as we know them today, and also what we call the Impoundment Control Act. That passed in 1974 and essentially said, no, we’re, we’re erasing that provision that made you think that you could just hold on to money for whatever purpose you wish to. And now you have three options: you can defer; you can delay spending the money -- but then you have to tell Congress, and Congress has a chance to tell you not to through a resolution they can pass. You can propose a rescission, but that only goes into effect if Congress passes a law rescinding the appropriations that were previously passed in a law. And the third option is you can spend the money. Those are the three options contemplated by the Impoundment Control Act.Here are some things that are not contemplated in the Impoundment Control Act: unjustified delays for programmatic review -- the entire category of programmatic delay invented in the early ‘70s -- none of that is contemplated in the act. The act contemplates those three options: deferral, rescission, spending the money. It also left three different purposes that OMB can use to establish reserves, but they’re narrower. It’s to provide for contingencies to achieve savings or as specifically provided by law. So if you have a law that you can point to that says, okay, you can hold on this money for these purposes, that’s okay, but it has to be specific in the law. It really did ground and narrow OMB’s ability to screw around with money using the apportionment process or any other process because it doesn’t just bind OMB, it also binds folks at the agency level as well.Nehls: Well, we’ve had a couple of rescissions bills, this Congress and, and there have been some in the past. So how has that how has that worked generally since the passage of the Impoundment Control Act as a congressional tool?Lindgrensavage: I would say that your mileage may vary. There’s been some hiccups in the road. I think one of the things that’s happened more recently is that deferrals haven’t been reported in this century. We’re going on our 26th year of the administration not using the deferral provision. If you look at OMB management of funds, there are arguably a bunch of things that probably would or should qualify and be reported as a deferral, but I wouldn’t hold your breath on that happening anytime soon.One of the things that’s happened is but I think that entire third of the sort of statute of the scheme has been rendered inoperable in a really significant way. And for whatever reason, Congress and GAO haven’t come back at OMB or the administrations across Democratic or Republican administrations for not for not adhering to that part of the statute. And the other thing that went awry is that OMB has interpreted the rescissions provision in a way that at least the current OMB has said what gives them the authority to essentially cancel funds unilaterally. And Christie, do you want to walk through the mechanics of how that rescission gone awry can happen?Wentworth: Sure. In the law, it says that funds can be proposed for rescission, and it doesn’t provide a specific time frame for which those funds can be proposed for rescission. What that means is, we talked earlier about how funds have certain time limitations. And some funds might expire at the end of the fiscal year. Some funds might be available for multiple years and some funds might be available forever. They might be no-year funds. For those funds that expire at the end of the fiscal year, you have this problem where under the Impoundment Control Act, while a rescission proposal is pending, the president is authorized to withhold those funds.You can see the practical reason for this, right? If the president says, okay, you gave me $100 for DoD for this year -- just bear with me on that -- give me $100 for DoD for this year, I only need 50 of it, and so they propose $50 for rescission. You don’t want the agency to have to continue to spend that $50 while Congress is considering the rescission proposal because if they end up clawing back that money by law, then you have DoD in a position where maybe they spent more than they were allowed to because now they only have $50 and that money is now gone. And so it gives Congress time to actually give good faith consideration to a rescission proposal. And then the ICA prescribes a 45-day period for that temporary withholding, the funds have to be released. That is how much time Congress has for these expedited procedures. I think Cerin mentioned this earlier, but again, you only need a simple majority under the ICA to actually pass the rescission bill that that cancels these funds. That’s generally how the process works.So, if you have a rescission proposal that comes in near the expiration date of those funds -- let’s operate on a fiscal year basis that ends September 30th. If you have a rescission proposal that comes on September 1st, then that withholding period in a very technical sense will span past the expiration date of those funds. And so, in theory, the president could withhold the funds for 45 days going into October 15th. The funds will have expired. They can no longer be used for obligation, and so they’re effectively unilaterally canceled.Now, the reason that that is not allowed under the ICA is because the ICA says that the funds have to be made available for obligation after 45 days. And you just can’t do that if you withhold for the 45-day period. There are several folks, the GAO included, who believe that that is how the law should be interpreted.The executive branch has taken a different view. And so last year, we saw this happen near the end of the fiscal year with a proposal to rescind billions of dollars in foreign aid funding. We got past October 1st, and the administration was still withholding the funds and they expired and were effectively unilaterally canceled. So that is a new use of the ICA. I will say it’s an abuse of the ICA. We are at August 12th right now, so we can see this timeline coming forward again at this time in the fiscal year. So that is one way in which this process has, has been abused. Go ahead Cerin.Lindgrensavage: I will say that like there are folks at OMB who have pointed at a literal handful of historical examples from just after the passage of the Impoundment Control Act to say like, hey, Ford did it. Hey, Carter did it. This is like just a normal thing that people have done. But if you actually go and take a look at those examples -- and I absolutely did -- you find a lot of breadcrumbs to understand why this is a world apart from what those examples were. First, in response to several of those attempts, Congress actually passed laws forcing the administration to spend the funds. In response to that initial encroachment on Congress’s authority laid out in the Impoundment Control Act, when the administration put in a late rescissions request, Congress said no, thank you, and then they actually reappropriated the funds. They had a follow-up hearing. They looked the political appointee who had not spent the funds in the eye, and they said, you saw that we appropriated those, right? And they’re like, yes. And you’re going to spend it this time, right? And he said, yes. I think it’s important to unpack that history because if you just look at the fact that the request went in and you don’t look at how Congress responded, you might read it as sort of this initial grant of permission they try to claim and it’s really not. And so that’s one thing to put in context.I think the other thing to pause and reflect on is how alone OMB is [on pocket rescissions]. Former appropriations and OMB staff have gone on the record saying that this is an impermissible interpretation of the law. A variety of law professors who are expert in appropriations laws have gone on the record saying that this is an impermissible interpretation of the law. Like literally the only folks familiar with these laws that are comfortable with this interpretation are the folks who are actively using that misinterpretation at OMB right now.Nehls: This Congress hasn’t really taken up this issue, have they? You’ve been tracking this probably more closely than I have. How has the Congress 119th responded then?Wentworth: So I’ll give an example from back in, oh, I’m going to forget the exact year, but I think it was 2018 or 2019. At that time, the Office of Management and Budget had implemented two different things. Number one was what they refer to as brief withholding of funds, while agencies provided an accounting of how much money was left in their accounts. This was supposedly so that they could get information to figure out how much money to propose for rescission. And this was in August of that fiscal year. So again, pretty close to the end of the fiscal year. That year, the president ultimately did not send up a rescission proposal, but they had paused this foreign aid funding for a certain period of time and then after that pause had started trickling out funding for foreign aid. So typically, that funding it depends on the account, how it’s apportioned, but typically it’s not given in one day, one week or one month increments because that is really hard for program implementation.But that is exactly what OMB did: They said, okay, you’re going to get a certain percentage of funding every day from now until the end of the fiscal year. For anybody who’s ever implemented a grant program, you will know that that makes it pretty much impossible to get the funding out the door by September 30th. So, the agencies went back to OMB and said, can you please give us more money? OMB said, okay, you can have a weekly rate. And it made it really hard for that funding to get out the door.At the same time, we saw that there was funding withheld for Ukraine. I…

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    Interview: James Wallner Jul 23, 2026
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    Daniel interviewed the Foundation for American Innovation fellow James Wallner about how Senate Republicans appoint members to committees. The process is governed by Rule 24 of the Senate standing rules and Rule 5 of the Republican Conference rules, with appointments made through a "Committee on Committees" led by the Republican leader. The discussion covered how committee assignments work at the start of each Congress. They also examined a specific example involving Lindsey Graham's absence from the Budget Committee and Appropriations Committee, where his sister needed to be appointed to replace him. They also discussed how Democrats could potentially use procedural tactics to gain control of committees like Appropriations during this transition period. James noted that while procedural hardball is possible, party leaders typically resist such actions because they prioritize party unity and election strategy over immediate legislative action.The transcript below has been edited for length and clarityDaniel Schuman: I’m here today with James Wallner, and we’re going to talk about how Senate Republicans appoint members of committees. James, thank you for joining me. How do Senate Republicans appoint people to their committees?James Wallner: So there’s a magical, storied mountain, at the top of which are a group of people in robes. They got some chicken bones and there’s a smoldering cauldron. And they just do some chants. And then the smoke rises. And then it’s this person shall be on the committee.No, it’s not far off of that, to be honest with you. It is a very interesting process and it is a very insular and closed process. It’s hard to get a peek into. Right. There’s two kinds of governing authorities here. One is the standing rules of the Senate. Rule 24 governs the appointment of committees. The way this works is that the Senate shall approve a resolution, and that resolution will name the chairman of each committee or a committee, and it will also include the members on that committee.So if we work backwards, you have a committee and it’s got a chairman and members. The way they get there is that the Senate takes action on the Senate floor. They approve a resolution that says, like the Energy Committee. And at the top there’s a chairman, and then there’s the Republican and Democratic members of the Energy Committee underneath that. And once the Senate approves that, those members are now on that committee.The Democratic and Republican parties have different internal party rules that govern that process, and the Republican rules are written down. You can find them online. And rule five of the Senate Republican Conference really spells out that appointment process, where the party, in essence, is making a recommendation to the full Senate, saying, these are the members that we want on these committees.Schuman: The Senate, unlike the House, considers itself a continuing body. So its committees continue on from Congress to Congress. So for the Senate, you have the committee, and then you’re just moving people around from chair to ranking member or moving people on the committee and off the committee. Is that right? Is that what the organizing resolution does?Wallner: Yeah, more or less. Look, the Senate is a continuing body in the sense that only one third of its members are up for election at any given time. Now, in practice, committees in the organizing resolution are going to be populated at the beginning of each Congress. But the reality of the situation is, if you’re on a committee, you’re going to keep that committee for the most part. And the parties have their own rules. They don’t have to follow the seniority process. But for the most part, once you get a committee assignment, not always and not on every committee, but once you get a committee assignment, that’s your committee moving forward.The Republican conference rules spell this out. Rule five says, except as otherwise provided by this rule, once selected and confirmed, no member of any committee shall be deprived of his assignment or his rank on a committee, except by the conference. It just makes a lot of sense that they, in essence, retain their committee seats.Schuman: Let’s talk about what happens at the change of the Congress. How does the Senate put people onto these committees? What needs to be done specifically to make that happen or to move people around if they’re changing committees? The example that I want to get to is Senator Graham passed on July 12th, and his sister was sworn in on the 14th. He was the chair of the Budget Committee. He was a member of other committees, including the Appropriations Committee. So both of those committees now have vacancies. And she’s a new senator, but she doesn’t have any committee assignments. And this has implications for the way the Senate operates. Let’s just start with it’s the start of a new Congress.Wallner: This gets back to how do you populate those committee rosters on either side in either party before you make that recommendation to the full Senate? For all intents and purposes, the Senate is going to approve that, although you can filibuster the resolution.One of my favorite white whales was to filibuster the organizing resolution that populates the committees, but then also divide it. And this is getting farther afield. But you can divide that resolution by that. You can say you can force votes on each individual member, if you want, of each committee, and you can also amend it. Right. And so you can move people around, you can do all kinds of stuff you could do.But working back from that, the Republican conference has what they call, and this is all spelled out in rule five of the conference rules, the process they use to populate their committees or recommend to the full Senate. The Republicans that want to serve on those committees are governed by what they call a committee on committees. And the Committee on Committees has a chairman. The Committee on Committees is, for all intents and purposes, one person working with the Secretary for in this case, the majority, the top kind of floor staffer for the Republican Party. And they basically, within the confines of the conference rules, are going to make these lists, and they’re going to solicit input from the rank and file members. Conference rules say you can retain certain committees over others. They’re going to work within that. Members will come and say, hey, I really want this spot or that spot. And going by seniority, they’ll work through the conference and basically putting people on these different committees.The other thing that makes this a little bit more complicated is that you have what they call committees, and then you’ve got B committees, right? And so the Republicans many years ago decided, I think it started the in 108th Congress maybe, but they said that every Republican senator is going to be given A committee slots in order of seniority. And so your A committees are like your Energy or your Environmental and Public Works committees, Appropriations, like all of those committees. And each committee is going to be given two slots on two different committees in order of seniority, working down the list. Remember, you retain your committee seat, so you’re really just taking the vacancies that happen. And then they’re allowed to retain one B committee.What’s interesting here is that the Republican Party has empowered the Republican leader to basically name half the A committee spots in all of the B committee spots without going through the order of seniority. And so you have this kind of convoluted process. So in this case, Lindsey Graham’s committees, they’re going to the A committee slots are going to be filled by the leader because there’s only one. Right. If you had two the leader would offer one fill one. And then the kind of committee on committee would work through the seniority process to fill the other one. But in this case, that’s not happening. So it’s just the leader. And then for the budget committee, which is a B committee, the leader is going to make that appointment as well.Schuman: You said they follow seniority, but when I was looking at the Republican conference rules, it says that you don’t always have to follow seniority, that there have been instances, I think with foreign, foreign, I can’t remember if it’s foreign relations with foreign affairs, but it was with Lugar became chair of that committee instead of Helms. So they don’t have to do the appointments necessarily by seniority.Wallner: But that’s regarding the top spot, right? Yeah. And that’s a slightly different process, right. So once you populate a committee, those committee members, according to the conference rules are going to meet and they’re going to select one of them to be the chairman. And the conference rules explicitly say that they don’t have to be governed by seniority. And conference rules also say, and I found it here, effective in the 108th Congress, all Republican Conference members shall be offered two A committee slots in order of seniority. There’s something similar with Warner as well.‘I think the most recent is when Jim DeMint was still serving in the Senate. He wanted a slot on the Finance Committee. And McConnell at the time, who’s not best buds with DeMint. They don’t always get along. And there was a vacancy on the Finance Committee, but there was only one. And so McConnell got to name the Republican senator to sit on the Finance Committee. Jim DeMint made it very clear and known that he wanted that spot. And the conservative movement was really agitating for DeMint to get that spot. It put McConnell in an awkward position, because he’s trying to show people that he is a conservative and he doesn’t hate conservatives. But now he’s got to name his nemesis to this committee. Right. Because he’s the one who gets to make the pick or he has to, or he has to say, I don’t like DeMint, and I’m not going to put you on this committee. And he doesn’t want to do either one of those things. Right. And so he basically convinces Burr to give up one of his committees, because Burr was the only senator who was senior to DeMint who could get that spot. And then McConnell can put Burr on that spot and say to the world, I’m just following seniority. Right. But he had to convince him to give up a committee to take that spot. And so it shows you this kind of it’s a weird, convoluted process, but the basic outlines of it are pretty well set.Schuman: So let’s play it out for a little bit. Lindsey Graham was the chair of the Senate Budget Committee. He is obviously no longer able to serve in that role. The Budget Committee is down one Republican. The Budget Committee doesn’t have a chair. Republicans want to do reconciliation. You need a chair of the budget committee, presumably to make that process work. Right? There isn’t as far as I can. There isn’t an acting chair. There’s either a chair or not a chair. So someone has to get that role, which means the Senate needs to pass a resolution which requires 60 votes if the Democrats are willing to filibuster. Like how? Like, how does that play out? Or does that play out?Wallner: Just to start with an interesting aside, if the Democrats tried to filibuster an organizing resolution or not an organizing resolution, but a resolution to put somebody on a committee amid Congress? It’s pretty remarkable how little tolerance Thune and Senate Republicans will have for that. And you will see very readily how little the Senate rules empower senators, much less a minority of senators, to stop a majority. But when you juxtapose it to the talking filibuster debate and the Save America Act, it’s remarkable. They’re like, we can’t do anything. We want to do something. They just do it.Schuman: Senator Schumer has said in the past he wants to get rid of the filibuster. And other Democrats have said this as well. This is a chance to chip away at parts of that. Right? You could give Schumer a win win. He could, on one hand, try to stop reconciliation or extract a concession from Republicans saying, we’re not going to do reconciliation 3.0. If you want to do it, your chair has to agree to not do this right. Or, on the other hand, go ahead, go nuclear. This seems like it’s a win-win from at least what he said publicly.Wallner: It’s also a way to, regardless of how successful it is, to show action to your base, to get excitement, to raise money, all that kind of stuff. But the reality of the situation is that even if Republicans were unable to get the Senate to approve a new member of the Budget Committee to give them the votes to name a new chairman. They don’t need to in this instance. Look, the House can pass a budget resolution. Budget resolution could come to the Senate. The Senate can put it on the floor and vote on it. They don’t have to go through the committee process.Schuman: Although it’s unlikely that the Senate is going to accept whatever budget resolution comes from the House. Right.Wallner: And they can change it on the floor. And then if that does open up reconciliation, in essence, what happens then is that the House can pass a reconciliation bill. It can come to the Senate. We’ve seen this, the last reconciliation bill, and it doesn’t have to go to committee, and it doesn’t have to go to the Budget Committee. And in fact, if it only ends in one committee, the Budget Committee by law, is not involved in that process either. There’s avenues procedurally to having the Senate act, even if the Budget Committee is, in essence, defunct.What I find very interesting is that when the Democrats have more votes on certain panels now, it’s remarkable. The Senate rules are very clear and committee rules are very clear. Majorities on committees have a lot of power. Certainly since the 70s, to call hearings, to schedule markups, to take action with or without the chairman’s permission. And it is remarkable when the Democrats are in these positions, how little they actually are trying to do anything. If you really want to do something to save the world, it seems to me you’re going to spring at any moment you can to take advantage of any advantage you have. But they don’t.Schuman: Yeah. So let’s talk about that specifically. So the Senate Appropriations Committee. Senator Graham was a member of the Appropriations Committee, and now he’s not. Senator McConnell is ill and he’s not coming back anytime soon, as far as we can tell. And the Senate’s going to go into recess soon enough. And the appropriations process had been they’ve nixed all of their markups that were scheduled to happen. But the Democrats at the moment have a functional majority on the Appropriations Committee, and they could convene proceedings. They could move legislation if they were to want to. Is there anything that’s stopping them from acting?Wallner: I think when I worked in the House and Senate, I started there were three parties on Capitol Hill, right? You had the Democrats, Republicans and appropriators. The appropriators, even to this day, conduct their work in a bipartisan way. I think that the first hurdle to the Democrats doing that would be the Democrats on the Appropriations Committee. My guess is that they would be very resistant to that kind of hardball on top of that. I think that the temperament of appropriators typically doesn’t, setting aside the bipartisan stuff, they’re just not the type of people who are going to press every procedural advantage. And if they’re not the ones leading the charge on this, the party’s kind of out of luck because it’s the committee members themselves that have to do it.The other thing is appropriators are like a lot of the other committees – we saw appropriators this Congress, at least Republican appropriators, go along with the reconciliation process that basically takes their jurisdiction out of their hands and puts them into these other committees. You see the…

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    Interview: U.S. Capitol Police Chief Michael Sullivan Jun 18, 2026
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    Daniel Schuman: June 30th marks one year on the job. How are things going?Chief Michael Sullivan: Terrific. This is an incredible organization with an incredible mission, much different than other jobs that I’ve had in major municipal cities. Really focusing on what we do here, which is protecting members, protecting this place, and protecting the legislative process.And that protective mission-- while policing is certainly part of that mission -- security and the protection piece is something that is much stronger than any other place. I would say it’s flip-flopped. I had protective missions in other places; however, it was a small piece of my portfolio. I would argue that protection piece of this place and the members is a much larger piece of the portfolio here at the United States Capitol Police.Schuman: The legislative branch has tremendous security needs and of course you can’t do everything, you can’t focus on everything. Is there something that you’re focusing on right now?Sullivan: There’s a lot of things that I’m focusing on right now. I met with a lot of folks over the last year right after my entry, hearing members’ concerns about safety, the concerning emails, phone calls, and threats that were coming to them directly. And, I can tell you there was deep concern across the entire membership that I talked to directly and had those one-on-ones on how we’re handling those. Being able to have those conversations really made me understand that difference in that policing mission versus what I would call a protection or security mission. It was helpful in instructing some of the areas I needed to make sure that I assessed and focused and did the best we can with the resources that we currently have. That’s been part of what I’ve looked at.I’ve also looked at, making sure -- because this agency made incredible strides since January 6th -- making sure that we have systems in place that embed that progress, that we don’t backslide. We have to make sure that we are always prepared, and a day like that, if it ever comes, that we’re there to meet that day and meet that purpose. I truly believe that we are today, but we’re going to kick the tires and if we’re failing in any way, we’re going to fix it.Schuman: Can I just stay on this for a second? In prior years, with some of your predecessors, there were questions around are you focusing on training, because training was a big issue, particularly [on January 6th] Are you focusing on communications? Are you focusing on particular aspects of member security? There’s a million things that someone in your role, of course, needs to be paying attention to, and you had spoken about the security mission. You gave us a good top level, but is there a particular thing that you’re trying right now to address?Sullivan: I can tell you as the chief of a major organization, I have to focus on all those things at once. Training is a huge issue. Making sure that we have leadership training, embedded in this organization.We have people up in Boston right now at the Senior Management Institute, which is an executive leadership school. I’ll be up there speaking to them and that entire cohort this Friday. That’s incredibly important to me. We’re investing in that. This is a very busy time of year, but we found time to send our senior folks there to get that training.Then we look at how do we embed the training, because it’s different here, right? Every place else I’ve been there’s been a state post that requires and mandates so much training. We don’t have that here, and making sure that we get our folks the training that they need, whether it’s around their critical needs like just something as simple as... and it’s not simple, but screening at the doors. We can’t just ask people to do that without giving them the training.We focused on improving policy, improving training. One of the things that I’ve learned over my time ... When I came up in this profession, you’d make a policy change, sometimes a significant policy change, and it would come across to you at roll call, you would sign for it, and after you signed for it, you were responsible for it. That was the impetus of your training of this many times a very important policy. We need to train our folks and if we make a significant consequential policy change, it needs to be followed up with training.What that training looks like can be many different things depending on what the policy changes are. But policy changes, are great, but they’re only great if they’re actually embedded in the culture, followed up on, and then our people are trained to be able to be held accountable to them.Chris Nehls: I want to go back to … you mentioned the threats that members have been experiencing, staff have been experiencing. We’ve seen the reporting and the information out from the department is there’s 15,000, almost 15,000 of these threats last year. This is up, almost double from just five, six years ago; but it’s hard for us to understand what that all means in terms of context. First, how do you define a threat?Sullivan: When we talk about that 15,000-number, we talk about threat cases. Okay. These are concerning cases. Some of them have a criminal nexus. Some of them, I would say the majority of them, do not -- it’s First Amendment protected speech. But I can tell you, as the executive over this organization, if we did not capture something that is a concerning statement and causes a member’s offices concern, and then that person comes up on the radar again, we don’t see that escalation, that would be a bad thing. So, it’s incredibly important for us to make sure that we do our due diligence on each of these concerning statements, threats that are risen to us, because if an office is reaching out to us and has concerns about it, we should have concerns about it.When I talk about that 15,000, those are 15,000 cases that are threats agents are working and have to manage. Certainly, First Amendment protected activity, that investigation is much different than a full-blown threat investigation where we don’t have somebody identified, where we have to go out and get legal service to be able to identify that person and then we have to engage with the US attorney, whether it’s here locally or somewhere out in the United States, to be able to facilitate a prosecution.As you talk about these cases, we all want to look at prosecution as the bottom line. That’s a tool that we have in the tool belt. It’s certainly something that we want to use when it’s appropriate, but our mission is to keep these members safe. Sometimes keeping members safe means getting them engaged with family that they’re not engaged with right now because of some issue, mental health, so all of a sudden, this person that has been a consistent issue because of some other challenges that they have in their life. Maybe the prosecution isn’t necessarily the right way to go. Many times, if we can do those interventions, we solved a problem and we kept a member safe in the long run, maybe safer than prosecution.With that said, we don’t hesitate to prosecute. We can’t stand for people to make, blatant, outright threats, to our members and to this place and to the people that work here. We’re focused on that and focused on keeping people safe.Nehls: Could you give us a little bit of a sense of how you filter through... It seems like such an enormous amount of work that goes into investigating, as you said, investigating 15,000. How do you manage or filter through what sounds like it might be somebody just calling up randomly who’s mad and yelling at an intern versus things that go higher in a threat matrix? Can you just talk through how the department, works that through?Sullivan: We stood up a protective intelligence operations center. It’s an operation center, so it manages all those operations that are outside the NCR [National Capitol Region] that are going on with members, making sure that we’re focused on and understanding what that looks like. In addition to doing that, the concern is with 15,000 cases coming in 18 different places, we needed one central collection point. So that one central collection point is our Protective Intelligence Operation Centers. It allows us to triage and then assign the cases. It makes sure that they all have that one entry point so we don’t miss something, which is always the fear that you have, that you miss that one string that you could have pulled.There are assessments that go on during that process. There has to be communication with the offices because if you’ve given this to us, the follow-up that we have to have -- which has been one of the most challenging, just to be quite frank, one of the most challenging pieces that we’ve had because of the sheer volume -- making sure that we get back and keep members’ offices or other victims apprised of where we are, what we’ve been able to find, whether we’re waiting on maybe potentially legal process or a conversation of this doesn’t meet the level for a criminal prosecution: This is First Amendment protected activity.This is why sometimes that doesn’t feel good. I’ve had threats personally against me that didn’t rise to the level of something, but threatened my family. It doesn’t feel good, and I can tell you that it doesn’t feel good to members, but being able to have those discussions are incredibly important.We have talented and very skilled investigative agents look at this, but we also have PhD-level doctors that are skilled and experts in this that take a look to understand this person’s entire picture, to help us look for different mitigation techniques. So being able to filter it all to one place.This is difficult. While I’m not going to share the number of threat officers I have, I’ve expanded that. It’s expanded significantly since I’ve been here and we have plans to continue to expand.Nehls: There’s been a discussion about political violence and political language becoming incendiary. Does the department think about how do you get that number to go down from a policing standpoint, or is that not really a way that we should think about that?Sullivan: I think everybody would like it to go away, but I can tell you we’ve had political violence for years, between Gabby Giffords, Representative Scalise and the baseball game. But it seems like over the last year, year and a half, you have the governor in Pennsylvania, you have Minnesota, you have the president, you have Charlie Kirk, you have the president. The level, it seems to be accelerating and becoming more the norm. Certainly, it’s our job, and I think it’s my job, to speak out against political violence. I have in a number of forums, whether it be on media or at conferences that I’ve talked to folks. It can’t become the norm. When we can hold people accountable, we will.I’ve worked with federal prosecutors my entire career. Federal cases are some of the hardest to bring. There’s a reason when I came through that they have a 90-plus-percent conviction rate in the federal system compared to the state system: It’s because they only take those cases after they’re fully vetted and they’re confident in where they are. So, that’s a challenge, but I’ve seen a willingness to take some cases that I’d I would just say years ago maybe they wouldn’t take because of where we are today. I thank, the US Attorneys office around the country for their participation with us in that.In addition to that, I think it’s our outreach. We have incredibly, good relationships with people around the country, and that’s been a focus of mine since I’ve been here. One of the other things that has expanded significantly is a program where we have memorandums of understanding with people around the country. We had about 100 when I got here, and we’re pushing 600 now. That’s because we’ve had a concerted effort. It’s not because we just sat back and said, “Hey, you want to come join us?” No, I’ve been on the phone, I’ve been at conferences, explaining what this program is.The program really is, hey, let’s have this piece of paper in place, and if I pick up the phone as the Capitol Police and say, “Hey, we need help at this event,” and it’s something that you normally wouldn’t do, it’s outside of your regular course of business but you can provide potentially people to help us -- whether it’s on straight time, whether it’s on overtime -- but it’s for our mission that we will reimburse you.While that’s expanded, it doesn’t mean the work’s expanded. What it means is our reach and our ability to reach out and touch people and pull them in to this work that we have is terrific. And it’s been well-received as I’ve talked to chiefs and sheriffs across the country.Nehls: What else goes into the MOU besides, events? what other activities?Sullivan: It could be events; it could be there are specific threats. There’re different mitigation techniques that other departments can use. I don’t want to go into the specifics of it, but it’s anything to do with member security and protection when they’re back in their home districts. I know the House and the Senate have their own programs now. It’s an ability for us to leverage all of these different tools that we have to keep members safe, which is what we’re all focused on.Schuman: With the 15,000 concerning statements, is the language is concerning statements, behaviors, and communications and whatnot? can you break that down? How many of those roughly are deemed to be credible threats?Sullivan: We break them down into threats and direction of interest cases. Direction of interest could have a whole lot of stuff in there. And like I said, the vast majority are direction of interest cases. It’s a small subset that are threats. I don’t have the breakdown with me.Schuman: Your predecessor, Chief Manger, was asked about this, and he said it was a couple hundred things that were credible threats. So you’ve got this year it’s, 15,000 directions. But, there’s something out there that’s causing you to look more deeply, so you’ll maybe open a preliminary investigation. You’ll look at it in some facet, you’ll make an assessment.Then of those you can’t, there’s no way with the resources that you have, even though they’re significant, you can look at all of them. There’s a point where you’re going to winnow it down significantly: these are the ones that are much more concerning we’re going to put more resources in, we’re really going to investigate this.And then of those that you go and you put more resources into, and you deem them credible or substantive or whatever the term of art is, then there’s, a further cut, right? All right, we’re going to send this over to a prosecutor.What I’m trying to get a sense of, when the press reports on this, they look at this number that’s gone from 8,000 to 15,000. That’s a huge increase. What I’m trying to get a sense of underneath that big number that can reflect a lot, how much it’s something that is actionable. It’s something that you guys are saying, “We have to go to the next level of investigation and do something about.” I’m not expecting you to have on the top of your head, but just to get a sense of it, is it 10% or 5%? Is it a couple hundred? that’s why I’m asking the question.Sullivan: No, absolutely. And the vast majority, it’s hundreds versus thousands of DOIs. And of those threat cases, I can have a credible -- I don’t want to use the word credible-- I can have a threat case and it is something that if I identify who made this it’s prosecutable. The first step is identify who that person is, which can be a challenge depending on what media it comes in on and what information we have, what’s been preserved, how long has it been since we received the information. There could be a case that, yes, vis ery concerning. However, we’ve exhausted all our leads, which takes a lot of time, put out subpoenas potentially to the the different places and we can’t get it because of a number…

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    Interview: Soren Dayton and James Wallner Jun 11, 2026
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    Daniel and I recorded this conversation with Soren Dayton, the Director of American Governance at the Foundation for American Innovation, and James Wallner, non-resident fellow at FAI, about their paper “Rebuilding Congress from Within, How Factions Facilitate Deliberation and Lawmaking.” It posits a view we share that too much of what goes on in Congress now is directed by leadership, to the detriment of the deliberation and negotiation between members that the institution is designed for. Factions, they argue, are one of the few tools currently available to rank-and-file members to restore collective decision-making and fix Congress. We had a wide-ranging conversation about the history of factions, how they operate, and why members of Congress, the philanthropic community, and the public should embrace energetic debate rather than the false goal of finding bipartisan, politically moderate policy solutions.Daniel Schuman: We are here today with Soren Dayton and James Wallner with the Foundation for American Innovation. And we’re here to talk about their new paper, Rebuilding Congress from Within How Factions Facilitate Deliberation and Lawmaking. Thank you both for joining us.James Wallner: Thanks for having us. And can I just say off the top real quick? I really wanted to name it something different. I mean, Soren was like, let’s just go with that. It’s a good name. I was thinking more like, you know, Kong versus Godzilla, you know, rise of the factions or something, spicy to get people in. But, you know, we went with Soren’s title.Schuman: That’s fair. I mean, you could have done the facts on factions, but that would also be kind of a pedestrian approach.Wallner: Or factions of life.Schuman: Oh yeah. You take the good, you take the bad, that kind of thing.Wallner: There’s so many options. Good thing we’re going to have a never ending series of factions papers after this just for the titles.Schuman: Your paper argues that Congress is dysfunctional because the members are not organized to deliberate and legislate in the present environment. James? What do you mean by that?Wallner: Well, I want to take a step back. I think it’s important to maintain a clear focus on agency in this, as you and I have talked about in all of our writings and conversations around town and over the years. It’s important to maintain focus on agency when we say Congress isn’t organized. I think the way to rephrase that, if I’m teaching one of my writing classes and colleges, where it’s active voice, active voice, active voice. And it is that lawmakers are not organizing themselves to facilitate their own participation in the process and to enhance their own ability to deliberate and to impact outcomes. There’s lots of different ways that Congress can organize themselves, but one way is through these things called factions congressional caucuses, intraparty caucuses -- people call them different things -- but they’re in essence, factions, sub-party kind of units. Sometimes they can be cross-party -- not so much in this day and age.We zero in on these in particular, because if you are an opponent of the status quo – and most of the reform throughout Congress’s history has been driven by opponents of the status quo, the outliers, if you will – you’re not going to be able to rely on existing kinds of legislative organization, right? So, congressional committees and the political in the party structure in the House and Senate, because those are set up by winners of the status quo, they’re set up by the people who are the reason why the status quo is the status quo, and so they’re going to be less inclined to kind of rock the boat. They’re not very friendly to the skunks at the garden party or the ants at the picnic. Factions really become important in that scenario.And then when you look at Congress today and the dysfunction that we see in Congress today, and the bipartisan frustration from the far left to the far right, that all seem to be echoing the same sentiment. It’s just astonishing to me that they are not using this tool to the degree that it has been used in the past and that it could be used to enhance their own stated goals.Schuman: So would it be fair to say that Congress is organized, but it’s organized by leadership and it’s not organized by the members? Or is that too much of an overstatement?Wallner: I wrote a piece a long time ago. There was an open letter in the Washington Post and it was by all these former members and it was like, Congress is broken, the Senate is broken. And then they went through and they’re like, it’s not leadership’s fault. Then they’re like, it’s not the committee’s fault. They’re like, it’s not the rank and file fault. I’m like, well, whose fault is it? Is it some guy from Scooby Doo? Earl down the street? You know, he pulls off his mask or some invisible ghost? No, the Senate is dysfunctional, the House is dysfunctional because the members of the House and Senate make it dysfunctional. They make it dysfunctional when they defer to their leaders, when they empower their leaders to run things certain ways. They make it dysfunctional when they continue to acquiesce in that environment. Look, I’m not pretending like there’s not a cost to this, a social cost or political cost, etc.. Of course there is. But I think it’s important to keep really focused on the main point, which is that the members themselves are the ones who are in charge, and they’re the ones who are responsible for the House and the Senate operating the way the House and Senate operate.And they have many, many tools at their disposal to change things. If they don’t like how they are operating or try to change things, they are not victims. They talk about themselves in the third person all the time. If you think about how Congress talks like the bill was passed, I’m like, no, you passed it or your colleagues passed it over your objections. The bill wasn’t passed when we just woke up. Oh my God, did you see that the bill was passed? No, you did this. And so I think it’s important to keep that focus, laser focus on that.This paper, I think, gets into one of those key tools that I think is a kind of a foundational tool. And Soren, I know, shares this thought that allows them to facilitate their own organization, their own cooperation, and then use other tools at their disposal much more effectively.Schuman: Perfect. So let me pick up on that and turn to Soren. You guys are talking about factions. Are there examples of factions in Congress now? What do they look like? What and what do you mean by faction?Soren Dayton: So I think in the House there’s two things. There’s two caucuses that look something like what we have thought of historically as a faction. They are the Freedom Caucus and the Progressive Caucus. The Republican study committee is almost just an information machine. They’re not actually a coordination machine.To go back to the Progressive Caucus and the Freedom Caucus, they both have things like rules about how they should vote together. They have membership requirements. They have regular meetings where it is expected of the members that they will coordinate on activities. And, I think it’s very helpful to read the books of someone like Ruth Bloch Rubin, who goes into a key element of successful factions is that internal rule making process, that internal coordination process that binds people, that requires them to act in certain ways. There are other things, like I think the New Dems and the Republican Study Committee are these huge monstrosities that are essentially a branding vehicle in some cases, or the Republican Study Committee, if you’re a Republican member or a Republican staffer, you want to be in the study committee because it is the only source of information other than leadership.And this is history James knows better than me: the Freedom Caucus got frustrated with the status quo the RSC had been and broke off to be not just the right wing in a sort of substantive policy version, but also more adversarial to leadership and more revolutionary on process. And in some ways, the Progressive Caucus I think is less adversarial with leadership than the Freedom Caucus through a variety of ways, partially. It’s hard to do when it’s that big, and so many of its members are committee chairs and things like that. But at times you’ve seen the Squad be a little Freedom Caucus-like in its sort of adversarialness to leadership, but it’s not organized.I think you have a slightly different set of entities in the caucus in the Democratic Party: the Black Caucus, the Hispanic Caucus and the APIA -- I’m probably getting the letters wrong -- caucus. There’s affiliated C3s and C4s. There’s staff pipelines, but those are actually really concrete problems they have. But so going back to the Progressive Caucus and the Freedom Caucus for a second, there is a sense of shared subjectivity that I don’t see in the bigger ones, right. These are people that have a certain ideological location within the party, and they have a theory of the need to change the party in a certain way. And I think most of the other things that are factions or that purport to be factions are just sort of people. They’re in a space not with the theory of change about how the parties should change in their direction, or they should leverage their power within the parties, even though they sometimes do leverage their power.Schuman: Can I push you on that just a touch?Dayton: Yeah, absolutely. That’s what we’re here for.Schuman: looking at the affinity caucuses, like the CBC: the CBC, from where I sit, except on a handful of issues, does not necessarily have a policy agenda that it shares, but it does have a procedural agenda that the members share about how the committees are going to function. It’s going to be more based on seniority. I think it also on the Senate side with the Republican steering committee you know.Wallner: Just the Senate steering committee, it’s not Republican Study Committee.Schuman: Thank you for correcting me. I knew you were going to do that as the former Grand Puba.Wallner: I mean, I guess, but I left before we could change the title. It was just executive director. Harry Reid would get very upset about it. [Sen. Robert[ Byrd gave a famous speech on the floor about how there’s no Senate steering committee. That’s a problem. We’re like, we’re not Republican.Schuman: Yeah. You’re just the Senate steering committee just composed of Republicans, which isn’t the same.Wallner: There were Democrats when we first got started, but that’s another story.Schuman: Yeah. Well, I want to come back to that story. But on this, it seems like there can be procedural factions or organizations in the House like you organize by state: the California caucus or the Texas caucus is very powerful, and they achieve goods to bring home and to organize and to elevate their own people into power that they wouldn’t necessarily have. Would those be to your way of thinking a faction as well?Dayton: Well, one I’m not too worried about, the definitions, and in Congress, people don’t call those factions. They just call them the delegation. Right? I mean, they have their own label for that. It does have many of those elements. When I worked on the Hill, my boss was a Michigan Republican, and the Michigan Republicans had a delegation meeting once a week. And every once in a while there was a bipartisan delegation meeting, but they often voted together. They often had shared interests that sometimes, interests in the state, either political, agricultural, industrial, popped up. You can get manifestations of that with the Dingell family that was tied into Ford or GM, I forget which one Debbie Dingell was a lobbyist for before she became a member. You certainly have examples of alignment of interests that aren’t by party narrowly, or that aren’t purely by ideology. I think in Congress, that is the dirty little secret, right? Anyone who works on a low salience issue sees that all the time.But the important part about factions is often are you willing to leverage your power sort in a higher salience fight? And, that’s probably where I put that distinction. But I also wouldn’t worry about the distinction too much, because there’s a reason that Congress uses the language delegation to talk about it. And there’s all sorts of entities like political parties that sort of capture and support that.Schuman: So, James, people have a tendency when they talk about Congress to talk about the House. But the Senate, as it turns out, is also a thing that matters at times. Does the Senate, and if you read like Ruth [Bloch Rubin’s] book in some of the other books, like they talk about gangs, but there’s also more like you were the executive director of a more organized, a more organized faction within that chamber. How is it different on the Senate side? How do factions work there?Wallner: First, let me just say, I did start my career in the House, working for a Southeast Alabama congressman. I helped write the peanut title in 2008, farm bill. I am the founding executive director of the Congressional Peanut Caucus. And when I left, I don’t know if anybody...I think I’m still the executive director of the congressional caucus. I mean, I’ve never you know, we never really talked about it...But, there’s different reasons to have some kind of organized or semi-organized factions. What I like to say is everything that’s in the Senate is in the House and vice versa, they just manifest themselves differently, right? Members are going to have different access to the floor in the House and Senate. That’s why factions in the House, historically, have focused on information, right? Going back to the DSG, the Democratic Study Group, RC was modeled on that as well. Even in its founding, RC was much more of a kind of information policy pipeline kind of development organization. Freedom Caucus when it was created -- I was very much there at the time -- was created to be much more operational and focused than to have one goal and one goal only, and that was to vote against rules as leverage and of facilitate the ability of members and the party to withstand the pressure and to vote against rules and then bring that pressure to bear. And you’ve seen them do that time and time again. We wrote a piece on the Kevin McCarthy speakership thing where people are like, the sky is falling. And we’re like, it’s fine. You saw that it was a very successful use of leverage by a kind of a subset of the Freedom Caucus banding together until they got what they wanted.But yeah, the Senate is a little different because the members in the Senate are going to be much more autonomous. They have much more access to the floor.The Steering Committee was founded by Paul Weyrich around the same time that one year after Ed Feulner founded the RSC with his members in the House. From the very beginning, it took on a much different flair. It’s much more kind of like the Freedom Caucus today, although they have written rules. We don’t have written rules: I got all the files in my closet, I guess they call me and they’re like, what’s the rule for this? I’m like, let me go check the files. It started off just like this weekly meeting, and then everybody started coming to the meeting. Then all the Republican senators are coming to the meeting, and the conservatives are like, well, we gotta get an executive committee now. Then everybody thought they were in the steering committee. And then it turns out, no, they’re not. They’re just coming to our lunch. We got a new thing called the executive committee. It was always much more operational and staff had a much different function, steering staff or monitoring hotlines. We were inserting ourselves in negotiation with committees and party leaders. It’s mainly staff driven: the executive director is kind of like the face of it, but staff are really working with outside groups. They’re wo…

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    Rep. Brian Baird Jun 03, 2026
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    This transcript has been lightly edited for readability.Daniel Schuman: So, we’re here today with Brian Baird, former member of Congress from 1999 to 2011, and as far as I know, the only clinical psychologist to serve in Congress in modern times.Rep. Brian Baird: Well, actually, Ted Strickland served as well. He was a psychologist as well, but think he had a slightly different degree.Schuman: We’re focusing on member security and the way that members relate to each other. There have been a number of mass attacks on members of Congress in the last handful of years. There was the attack recently at the Hilton Hotel, where, of course, President Trump and his Cabinet were -- but there were also journalists in attendance and many members of Congress. And while the executive branch officials were sort of whisked away, many members of Congress were sort of left to fend for themselves in light of an uncertain environment.And of course, we had the January 6th attack just a handful of years ago, where, again, members of Congress were the subject of a mass attack that presumably could leave significantly different attitudes towards their colleagues or how they felt about the institution.And I’m hoping that you could talk a little bit about how members of Congress view their own safety and how these repeated attacks may have changed the way that members, view and relate to one another.Baird: I’m really glad to have a chance to talk about this. I think it’s a hugely important topic that, I think is worth doing.First of all, is just talk about the security situation. And, sadly, there’s grim news on that front, and every member of Congress needs to understand this, as do their spouses, and families. And it’s not pretty: If someone really wants to kill a member of Congress, it’s not hard to do so. All the security measures that have been proposed -- let’s get more Capitol Police on the Capitol grounds, maybe an individual guard when you’re about your official duties. They may make some difference. Certainly, we need to secure the Capitol and the Congressional Office Buildings. But when you’re going about your daily life as a member of Congress, and as a human being, set aside the member of Congress, you still have to go grocery shopping. You still have to come in and out of your house. If you’re doing, parades or town halls or things like that, you’re in the public, and if a person really wants to hunt you down, they can do it.I don’t say that to be alarmist. But the question is then how do we deal with that? Even just the walk to a vote, if somebody’s hanging out outside the Capitol Grounds and they’re not in that narrow perimeter where you’ve got the magnetometers, just walking up the steps somebody can approach you and shoot you.My experience talking to members of Congress, there is a paradoxical, logical inconsistency. On the one hand, everybody talks about how we have to be more secure, but then they don’t necessarily take the individual precautions or the institutional precautions to deal with that.As you know, one of the things that I firmly believe is we need to take measures to ensure the continuity of representation of members of Congress. The first thing we need to do, not for our individual sakes initially, but for the sake of the representative democracy, is provide mechanisms by which you can replace House members if they die through natural causes, accidents, or assassinations. We’ve done nothing to deal with that since September 11th, which is now almost 25 years ago, and the problems remain the same.Why do I start with that? Because it’s one thing to say somebody just doesn’t like me as a person or as a representative and they want to kill me. That’s a challenge and it’s unpleasant. But it’s another thing to say, “If I kill enough of these guys, I could change the balance of power in the House or Senate.”As I’ve said before, right now you could fit more bullets into the magazine of a single semi-automatic pistol than it would take to change the balance of power in both the House and the Senate. In one pistol, it’d be so easy to do. The first thing I would do is assure representation and secondly, I would reduce the incentive, the political incentive for assassination. If there were a way to replace members of Congress with like-minded temporary replacements who could fill the role until a special election occurred, then you could kill 30 of us and they would be replaced promptly by people who probably vote about the same way, and there’s no political gain, no chaos, no disruption, no breakage of representation.So that’s the first point. The second point though is, okay, if you understand that, why are people not acting? And I think there’s this kind of unconscious, if you will, sense that on the one hand I’m cavalier about it -- “Well, that could happen” -- and then on the other hand, that absolves me from taking responsible measures to correct the situation.You still have to do your job, and your staff have to do their job, and your families have to live with the unpleasantness that you could be harmed or they could be harmed even worse. But that doesn’t mean you do nothing. So, step one is take care of the institutional continuity and then remove the political incentive for harming. Step two then is what are the practical measures that you can take to protect yourself and your family and your staff and the constituents?Really we began to see a dramatic turnaround in threats to members, just the general attitude, back in the early rise of the Tea Party and in the days of the assault weapons ban votes and some other controversies, and Obamacare.We went from having town halls -- I had, by the way, more than 350 town halls when I was in office, I think more than almost anybody I know, and they were usually very informal affairs. We’d meet at a fire station in a rural town or at a library or a high school auditorium or something. Anybody’d show up. There were no magnetometers. There were no crazy crowds. People respected one another. Yes, they sometimes criticized me. It’s their right. I have to honor that right, but there were not massive crowds of people pushing one another to try to get in.Back in that era, believe it or not, there were actually websites created dedicated to telling people how to disrupt town halls. You could log online and search that, and a website would come up that would say, “Get there early. Try to occupy all the spaces. Scatter your supporters around the room. If the member tries to speak, interrupt them. Shout them down. Don’t let there be a rational conversation. Call them liar. Insult...” These were strategic publicized mechanisms for creating a dangerous and threatening environment and disrupting legitimate and essential dialogue between members of Congress and their constituents. It’s only gotten worse.To give you a sense of how significant it was at the time, during the Obamacare, debates and public discussion, the crowds were so large, we actually held one town hall in an outdoor rock amphitheater and we had 3,500 people in attendance. It was totally different, and there were some pretty hostile folks there. So one of the things that has happened now is members of Congress are getting oftentimes plainclothes police officers at their town halls, and they’re getting more security. We actually had town halls in my era of Obamacare where ambulances were parked at the back of the stage in case I got shot. That’s a true story. So, we have to take those kinds of precautions.But somewhere along the line, and this is step three, we’ve got to restore the civility of dialogue and have members of Congress, and the President of the United States and his appointees or designees, stop demonizing people on the other side and stop endorsing hatred. When you have a president of the United States, as we have in the case of Trump, essentially, endorsing people being bullied or beaten up from the podium, when he’s saying things like that, that creates that environment.There’s also a potential hypocrisy here and duplicity that people can say, “Well, if you criticize the president for making those remarks, then you yourself are somehow inciting violence against the president,” that’s duplicitous. I mean, the fact is if you have people who are knowingly and willfully inciting violence through their rhetoric, and condoning violence and you point that out, you are not equal in culpability. So, the first step is to acknowledge the threat, try to reduce the threat through safety mechanisms.By the way, there’s a whole list of things members of Congress can and should do to secure their offices, to make sure that they know who’s coming in, when they’re coming in, that there is an exit strategy. Every member of Congress should do a safety audit with themselves, their staff, and their families. There should be code words that are used if we need to evacuate. There should be designated routes for evacuation. There should be precautions for your family members to take if they see anything coming. There should be ways in which you can contact them if there’s an emergency, et cetera.And every member of Congress should make sure their local law enforcement, at all levels, sheriff, police, state patrol, they all know where the member of Congress lives. They should all have a photo of the member of Congress. I hate to say it, but it’s true, especially members of Congress of color, because there may be a default assumption that the members of Congress are going to be white, or if somebody’s not white, they’re not a member of Congress. They need to really say, “this is who I am. This is what my family looks like. Here’s where we live. If you get a call from 417 North Rogers Street, by God, get there fast. And when you get there, this is what the good guys look like.”There should be safety audits, there should be great contact with your local law enforcement, et cetera, et cetera. I don’t know if that is being done. I’m not hearing of it being done at an organized institutional level, but I think it should be done.I can speak to there has been progress on those lines. There’s more funding available for coordination, between, Congress, and the Capitol Police, and the local law enforcement. Whether it’s sufficient, whether it’s being done properly, we don’t have visibility into that. But there have been a lot more resources put into trying to address at least that particular concern through reimbursing local law enforcement to be incentivized to provide that kind of support. That’s great, and I encourage every member of Congress to reach out proactively to some members of their law enforcement to do just this. Don’t leave it up to the Capitol Police. That’s, that’s a key message, hardening the targets, if you will. I hate to say it that way, but that’s what you have to do.Then there’s the issue which you contacted me with, and that is how do we cope with this risk of assault? The first is acknowledge that it’s there, try to reduce it, but don’t imagine that, that you’re going to be 100% safe.What we found post-September 11th, when I led initiatives to try to help staff and, to some degree, members of Congress cope with the reality of being targets now, and with the massive loss of human life that was unprecedented on civilian targets at the time, we found that one of the essential ingredients was a deep sense of purpose to help people get through this. Why are we doing this? Why are we exposing ourselves to potential risk when there’s a thousand other jobs we could do that are probably less stressful, pay more, and have less risk?It’s a tragedy that public officials at all levels now, not just members of Congress -- school board members, library officials, elections officials, almost all public officers are, both elected and hired, employed -- are now denigrated and criticized and potential targets for not only opprobrium but attacks. That’s been a concerted rhetorical effort and consequence. When people despise their own government and say that their own employees are worthless, lazy, criminal, dishonest, as frankly, the President of the United States did during COVID, implying that medical doctors and nurses were stealing or misappropriating protective equipment, well, that conduct on his part was reprehensible, but it’s also damn dangerous. And it’s destructive to the fabric of the society.So back to the sense of calling, members of Congress ideally should be called to serve. They shouldn’t be there to become famous or to make a lot of money, or to pave the way to their next job as a YouTube influencer or something. They should be there to serve, and, that’s a service with humility, I believe. But it’s also a service that carries with it some risk. Nobody said the job would be easy. It shouldn’t, carry mortal risk, but it is a degree of risk that one faces. So, getting at peace with that, yes, I understand there’s a risk, but I’m willing to take that risk to do my job responsibly.One important element about that is that you not be cowed into either changing your policy judgment out of fear. And, interestingly enough, whether that’s fear of reelection or fear of assassination, at some point you have to say, “What do I think is the right thing for the good of this country, even if it means I get unelected?” It’s funny, I think I’ve talked to members who probably are more afraid of losing an election than they are about losing their lives. But neither should be the governing factor in a democratic republic. You should be able to say, “this is what I believe. Here’s why I believe it. Here’s why I’m voting this way,” and certainly be willing to risk a defeat in an election, but possibly willing to risk even your own life for it if you think it’s that important.Schuman: can I hone in on that for a second? I think a lot of members -- and you would know better than I do -- have the sense of calling. They have the sense of responsibility.Baird: Members don’t pass legislation on their own. There is a collaboration that happens. You often hear people talking about the need for bipartisan collaboration. The January 6th attacks… I call it the Trump insurrection. President Trump incited a mob to go and sack the Capitol. Previously, there had been a crazy person who went and tried to kill Majority Leader Scalise and a number of other Republican members who was also motivated by ideology.Certainly, as I talk to different folks, both members and staffers, they say that something has changed, that the willingness or ability to collaborate across the aisle for members has changed, because they view the other side as not just being the loyal opposition, but some of them as aiding and abetting, efforts to kill them. On one hand in Congress, you have to find ways to work together. On the other hand, you are afraid that some folks are inciting your death.Schuman: Can you talk about how a member’s perspective changes in those circumstances? How do you cope with that in a body that’s supposed to be collegial but clearly is not?Baird: Well, it doesn’t work easily. I’ve talked to so many, current members and former members as well, and their staff, and especially as you were saying, Daniel, post January 6th, things really changed. Since the Civil War, there had never been that kind of an insurrection. Prior to the Civil War there were beatings, there were duels, there were people carrying swords and guns onto the floor. But that hadn’t happened to that magnitude since the Civil War.Post-January 6th, you now had people who condoned, and actually who encouraged the insurrection, who perpetrated the lies upon which the insurrection was based and refused to sanction the president or the would-be assassins who entered the building calling for the execution of the Vice President of the United States and the Speaker of the House, and possibly would’ve done so if they’d have had the opportunity. So now you’re working with people who…

    Full show notes at the publisher

    Interview: Comptroller General Gene Dodaro Jan 16, 2026
    Show notes

    Interview: Comptroller General Gene Dodaro


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